lesson 16: california real estate license law principles of california real estate
TRANSCRIPT
Lesson 16: Lesson 16:
California Real California Real Estate License LawEstate License Law
Principles of California Real Estate
The Real Estate Law
California’s Real Estate Law:Statute adopted by legislature to regulate
real estate profession.Business & Professions Code
sections 10000 to 10580
The Real Estate Law
California’s Real Estate Law:Statute adopted by legislature to regulate
real estate profession.Business & Professions Code
sections 10000 to 10580Protects public from incompetent,
unethical, or dishonest agents.
Administration of Real Estate LawDept. of Real Estate
Real Estate Law is administered by the Department of Real Estate (DRE).Department is a division of the Business
and Transportation Agency.
Administration of Real Estate LawDept. of Real Estate
Real Estate Law is administered by the Department of Real Estate (DRE).Department is a division of the Business
and Transportation Agency.
Chief officer of the DRE is the Real Estate Commissioner.
Administration of Real Estate LawCommissioner
Real Estate Commissioner:appointed by the Governor
Administration of Real Estate LawCommissioner
Real Estate Commissioner:appointed by the Governormay not engage in real estate activities or
have an interest in a real estate firm
Administration of Real Estate LawCommissioner
Real Estate Commissioner:appointed by the Governormay not engage in real estate activities or
have an interest in a real estate firmmust have been a real estate broker
actively engaged in business in California for five years
Real Estate Commissioner: grants and denies licenses enforces the Real Estate Law
Administration of Real Estate LawCommissioner’s duties
Real Estate Commissioner: grants and denies licenses enforces the Real Estate Law issues rules and regulations to implement law regulates the sale of subdivisions and business
opportunities
Administration of Real Estate LawCommissioner’s duties
Real Estate Commissioner: grants and denies licenses enforces the Real Estate Law issues rules and regulations to implement law regulates the sale of subdivisions and business
opportunities investigates non-licensees performing real estate
activities holds disciplinary hearings on Real Estate Law
violations
Administration of Real Estate LawCommissioner’s duties
Administration of Real Estate LawAdvisory Commission
Real Estate Advisory Commission:appointed by the Governor10 members, including 6 brokers and 4
members of the public
Administration of Real Estate LawAdvisory Commission
Real Estate Advisory Commission:appointed by the Governor10 members, including 6 brokers and 4
members of the public
Makes suggestions to Commissioner regarding policies and functions of the DRE.
Administration of Real Estate LawAttorney General
California Attorney General provides legal advice to Commissioner regarding the Real Estate Law.
Administration of Real Estate LawAttorney General
California Attorney General provides legal advice to Commissioner regarding the Real Estate Law.
Violations of the Real Estate Law prosecuted by district attorney of county in which they occur, not by state Attorney General.
When a License is Required
Anyone who acts or appears to act as a real estate broker or salesperson must have a real estate license.
When a License is RequiredBroker definition
The Real Estate Law defines a real estate broker as someone who engages in specified real estate activities:on behalf of another person, AND
When a License is RequiredBroker definition
The Real Estate Law defines a real estate broker as someone who engages in specified real estate activities:on behalf of another person, ANDfor compensation (or the promise of
compensation).
The real estate activities listed in the Real Estate Law’s broker definition include all of the following.
When a License is RequiredReal estate activities
Selling, buying, leasing, collecting rents from, or buying, selling, or exchanging leases on: real property, orbusiness opportunities.
When a License is RequiredReal estate activities
Filing applications for the purchase or lease of federal lands.
When a License is RequiredReal estate activities
Soliciting borrowers or lenders, negotiating loans, promoting services in connection with loans secured by real property, or buying, selling, or exchanging real property securities.
When a License is RequiredReal estate activities
Listing, advertising, or offering real property or business opportunities for sale, lease, exchange, or financing.
When a License is RequiredReal estate activities
Engaging in the business of buying, selling, or exchanging 8 or more real property securities (e.g., land contracts or promissory notes) within one year.
When a License is RequiredReal estate activities
Collecting an advance fee to promote the sale or lease of real property or business opportunities.
When a License is RequiredReal estate activities
When a License is RequiredPenalties for unlicensed activities
Penalty for an individual who acts as a real estate broker or salesperson without a license:a fine of up to $10,000, andimprisonment for up to six months
When a License is RequiredPenalties for unlicensed activities
Penalty for an individual who acts as a real estate broker or salesperson without a license:a fine of up to $10,000, andimprisonment for up to six months
Penalty for a corporation: $50,000 fine
Types of LicensesBroker’s license
A broker’s license allows a person to: perform the previously listed real estate
activities on behalf of another person for compensation
Types of LicensesBroker’s license
A broker’s license allows a person to: perform the previously listed real estate
activities on behalf of another person for compensation
operate a brokerage business
Types of LicensesBroker’s license
A broker’s license allows a person to: perform the previously listed real estate
activities on behalf of another person for compensation
operate a brokerage business employ salespersons as affiliated licensees
to help him or her engage in real estate activities
Types of LicensesBroker’s license
A licensed broker who works for another broker rather than starting her own brokerage is sometimes called an associate broker.
Types of LicensesBroker’s license
A licensed broker who works for another broker rather than starting her own brokerage is sometimes called an associate broker.
There is no special “associate broker’s license.”
Types of LicensesBroker’s license
A licensed broker who works for another broker rather than starting her own brokerage is sometimes called an associate broker.
There is no special “associate broker’s license.”
While working as an associate broker, a broker has essentially the same status as a salesperson.
Types of LicensesSalesperson’s license
A salesperson can engage in real estate activities only as a broker’s representative.
Types of LicensesSalesperson’s license
A salesperson can engage in real estate activities only as a broker’s representative.
A salesperson cannot represent members of the public directly.
Licensing Exemptions
The following aren’t required to have a real estate license even if they are performing activities covered by the broker definition.
Licensing Exemptions
A person buying or leasing property:for himself, oron behalf of a group to which he belongs
(such as a partnership).
Licensing Exemptions
An attorney in fact authorized by a recorded power of attorney.
Licensing Exemptions
An attorney in fact authorized by a recorded power of attorney.
An attorney at law, in the performance of her duties as a lawyer.
Licensing Exemptions
A person acting under court order, such as:the executor or administrator of an estatea bankruptcy trusteea guardian
Licensing Exemptions
A person acting under court order, such as:the executor or administrator of an estatea bankruptcy trusteea guardian
A trustee selling property pursuant to the power of sale clause in a deed of trust.
Licensing Exemptions
An appraiser making an appraisal.
Licensing Exemptions
An appraiser making an appraisal.
An employee of a financial institution in regard to real property securities.
Licensing Exemptions
An appraiser making an appraisal.
An employee of a financial institution in regard to real property securities.
A licensed securities broker or dealer with respect to business opportunity transactions.
Licensing Exemptions
A cemetery authority or its authorized agent.
Licensing Exemptions
A cemetery authority or its authorized agent.
A secretary, bookkeeper, accountant, or other employee of a real estate broker:performing purely clerical dutiesnot discussing price, terms, or condition
of property
Licensing Exemptions
The resident manager of an apartment complex.
Licensing Exemptions
The resident manager of an apartment complex.
The manager of a hotel, motel, or trailer park.
Licensing Exemptions
The resident manager of an apartment complex.
The manager of a hotel, motel, or trailer park.
A person who negotiates the use of property for photographic purposes.
SummaryReal Estate Law
Department of Real Estate Real Estate Commissioner Real Estate Advisory Commission Broker Salesperson Associate broker Licensing exemptions
License QualificationsSalesperson
Five requirements for salesperson’s license:1. At least 18 years old2. Honest and truthful3. Pass state exam4. Pay license fee5. Complete 3 courses (9 semester units)
License QualificationsSalesperson
Course requirements for salesperson’s license
Before exam: Real Estate Principles
License QualificationsSalesperson
Course requirements for salesperson’s license
Before exam: Real Estate Principles
Before exam or within 18 months after licensing:Real Estate Practice, andan elective
License QualificationsBroker
Six requirements for broker’s license:
1. At least 18 years old
2. Honest and truthful
3. Pass state exam
4. Pay license fee
5. At least 2 years of experience as salesperson in last 5 years, or equivalent
6. Complete 8 courses (24 semester units)
Course requirements for broker’s license:Real Estate PracticeAppraisalEconomics or AccountingReal Estate LawReal Estate Finance3 electives
License QualificationsBroker
Licensing and Renewal Applying for a license
Applicant must apply for license within one year after date of passing the exam.
Licensing and RenewalRenewing a license
License valid for 4 years.
Licensing and RenewalRenewing a license
License valid for 4 years.
Licensee renews by:completing continuing education
requirementssubmitting applicationpaying renewal fee
Licensing and RenewalRenewing a license
License valid for 4 years.
Licensee renews by:completing continuing education
requirementssubmitting applicationpaying renewal fee
Doesn’t have to take state exam again.
Licensing and RenewalContinuing education
State law requires continuing education throughout real estate career.
Continuing EducationSalesperson’s first renewal
12 hours of continuing education required for first renewal of salesperson’s license.
Continuing EducationSalesperson’s first renewal
12 hours of continuing education required for first renewal of salesperson’s license.
This must include one 3-hour course on each of these subjects:ethicsagencytrust fund handlingfair housing
45 hours of continuing education required for first renewal of broker’s license.
Continuing EducationBroker’s first renewal
45 hours of continuing education required for first renewal of broker’s license.
This must include:the 12 hours of courses required for a
salesperson’s first renewalat least 18 hours of courses designated as
consumer protection courses
Continuing EducationBroker’s first renewal
45 hours of continuing education required for all subsequent renewals, for both salespersons and brokers.
Continuing EducationSubsequent renewals
45 hours of continuing education required for all subsequent renewals, for both salespersons and brokers.
This must include:a 6-hour short course on the four
mandatory topicsat least 18 hours of consumer protection
courseselectives (consumer service courses)
Continuing EducationSubsequent renewals
A licensee is not required to fulfill continuing education requirements if:at least 70 years old, andhas been a licensee in good standing in
California for at least 30 years.
Continuing EducationExemption
Licensing and RenewalLate renewal
License expires if licensee misses the 4-year renewal deadline.
Licensing and RenewalLate renewal
License expires if licensee misses the 4-year renewal deadline.
Grace period: License can be renewed within 2 years after expiration if a penalty is paid.
Licensing and RenewalLate renewal
License expires if licensee misses the 4-year renewal deadline.
Grace period: License can be renewed within 2 years after expiration if a penalty is paid.
After 2-year grace period ends:all license rights are lostformer licensee would have to take state
exam again and apply for a new license
SummaryLicense Qualifications and Renewal
Requirements for salesperson’s license
Requirements for broker’s license
License renewal License expiration
Continuing education requirementsFirst renewalSubsequent
renewals
Other License ProvisionsLocation of licenses
Salesperson may work only under a broker’s supervision.
Other License ProvisionsLocation of licenses
Salesperson may work only under a broker’s supervision.
Broker has custody of the salesperson’s license while the salesperson works for him.
Other License ProvisionsLocation of licenses
Salesperson may work only under a broker’s supervision.
Broker has custody of the salesperson’s license while the salesperson works for him.
Licenses of broker and affiliated licensees are kept at the broker’s main office.
Other License ProvisionsTransferring a license
Broker or salesperson may terminate an affiliation at any time.
Other License ProvisionsTransferring a license
Broker or salesperson may terminate an affiliation at any time.
If a salesperson transfers to a new broker, the new broker must notify the DRE within 5 days.
If salesperson quits or is terminated, broker must return the salesperson’s license to her within 3 days.
Other License ProvisionsTermination of salesperson’s license
If salesperson quits or is terminated, broker must return the salesperson’s license to her within 3 days.
If salesperson is discharged for conduct subject to disciplinary action, broker must provide statement of facts to Commissioner.
Other License ProvisionsTermination of salesperson’s license
Other License ProvisionsTermination of broker’s license
If a broker’s license is suspended or terminated:the licenses of affiliated licensees are
canceled, and
Other License ProvisionsTermination of broker’s license
If a broker’s license is suspended or terminated:the licenses of affiliated licensees are
canceled, andshould be returned to the licensees so
they can be transferred to other brokers.
Other License ProvisionsNew location or name
Broker must notify the Commissioner if brokerage:moves to a new locationadds a branch office
Other License ProvisionsNew location or name
Broker must notify the Commissioner if brokerage:moves to a new locationadds a branch office
Broker or salesperson must notify the Commissioner if his or her name changes.
Other License ProvisionsFictitious business names
A broker may conduct business under a fictitious name if broker:is licensed under that namefiles fictitious name statement with
county clerkpublishes notice in a newspaper
Other License ProvisionsFictitious business names
A broker may conduct business under a fictitious name if broker:is licensed under that namefiles fictitious name statement with
county clerkpublishes notice in a newspaper
Statement expires 5 years after December 31 of the year in which it was filed.
Other License ProvisionsUnpaid child support
DRE may not issue or renew license if applicant or licensee is on state’s list of persons who haven’t complied with court order regarding child support payments.
Other License ProvisionsUnpaid child support
DRE may not issue or renew license if applicant or licensee is on state’s list of persons who haven’t complied with court order regarding child support payments.
If licensee’s name is on list for 150 days, DRE may suspend license.
Special LicensesCorporations
A broker’s license may be issued to a corporation.
License issued in the name of the firm.
Special LicensesCorporations
A broker’s license may be issued to a corporation.
License issued in the name of the firm.
One officer of the corporation licensed as the designated broker.
Special LicensesCorporations
A broker’s license may be issued to a corporation.
License issued in the name of the firm.
One officer of the corporation licensed as the designated broker.
Designated broker must meet all qualifications for a broker’s license.
Special LicensesRestricted licenses
Commissioner may grant restricted license to licensee whose license has been suspended or revoked.
Special LicensesRestricted licenses
Commissioner may grant restricted license to licensee whose license has been suspended or revoked.
Restricted license may:have limited termrestrict licensee to certain activitiesrequire licensee to affiliate with a
particular broker
Special LicensesPrepaid rental listing service
Operator of a service that provides lists of available rentals must have:real estate broker’s license, or prepaid rental listing service license
from DRE.
Special LicensesOut-of-state developments
To sell shares in an out-of-state timeshare, special permit from DRE required.
Special LicensesOut-of-state developments
To sell shares in an out-of-state timeshare, special permit from DRE required.
Lots in an out-of-state subdivision can be sold only if subdivision is registered with DRE.
Business Opportunities
Business opportunity: The sale or lease of a business, including inventory, fixtures, and goodwill.
Business Opportunities
Business opportunity: The sale or lease of a business, including inventory, fixtures, and goodwill.
Agent involved in sale of business opportunity:must have a real estate license,even if no real estate is involved.
Business Opportunities
Business opportunity: The sale or lease of a business, including inventory, fixtures, and goodwill.
Agent involved in sale of business opportunity:must have a real estate license,even if no real estate is involved.
If shares of stock are involved, agent may also need a securities license.
Business OpportunitiesFranchise agreements
A franchise agreement is a common type of business opportunity.
Business OpportunitiesFranchise agreements
A franchise agreement is a common type of business opportunity.
Buyer pays a fee to operate a business under a franchisor’s brand name and marketing plan.
Business OpportunitiesSales tax
Sale of business is subject to state sales tax if it involves transfer of personal property (such as inventory).
Business OpportunitiesSales tax
Sale of business is subject to state sales tax if it involves transfer of personal property (such as inventory).
Tax is seller’s responsibility, but buyer could face successor’s liability.
Business OpportunitiesSales tax
Sale of business is subject to state sales tax if it involves transfer of personal property (such as inventory).
Tax is seller’s responsibility, but buyer could face successor’s liability.
Buyer should obtain Certificate of Clearance from Board of Equalization.
Business OpportunitiesSales tax
Sale of business is subject to state sales tax if it involves transfer of personal property (such as inventory).
Tax is seller’s responsibility, but buyer could face successor’s liability.
Buyer should obtain Certificate of Clearance from Board of Equalization.
Certifies that sales taxes have been paid.
Business OpportunitiesBulk sales
Bulk sale: Any sale, not in the ordinary course of business, of more than half of a seller’s inventory.
Business OpportunitiesBulk sales
Bulk sale: Any sale, not in the ordinary course of business, of more than half of a seller’s inventory.
Before bulk sale occurs, buyer must:record Notice of Intent to Buynotify the county tax assessorpublish a notice in newspaper
SummarySpecial Licenses and Activities
Corporate license Designated broker Restricted license Prepaid rental
listing service
Business opportunity Franchise agreement Successor’s liability Bulk sale
Disciplinary Action
Commissioner may take disciplinary action against licensee who violates the Real Estate Law.
Disciplinary ActionProcedures
Procedures involved in disciplinary action:1. Commissioner’s investigation2. Written accusation3. Administrative hearing
Disciplinary ProceduresCommissioner’s investigation
Commissioner must investigate all verified written complaints against licensees.
Disciplinary ProceduresAccusation
If investigation justifies formal action, Commissioner:files an accusationschedules administrative hearing
Disciplinary ProceduresAccusation
If investigation justifies formal action, Commissioner:files an accusationschedules administrative hearing
Accusation: written statement of charges.Must be filed within 3 years after the
violation.
Disciplinary ProceduresAdministrative hearing
Hearing conducted by an administrative law judge. Judge makes a proposed decision after
hearing testimony.
Disciplinary ProceduresAdministrative hearing
Hearing conducted by an administrative law judge. Judge makes a proposed decision after
hearing testimony.Commissioner accepts or rejects the
proposed decision in making a formal decision.
Disciplinary ActionSanctions
If accusation proved, Commissioner may:suspend or revoke license, orimpose fine of up to $250 for each day
the license would have been suspended.Maximum fine: $10,000
Disciplinary ActionAppeal
Disciplined licensee may: request reconsideration from
Commissioner, and/orappeal Commissioner’s decision to the
superior court.
Disciplinary ActionTemporary suspension
If license obtained by fraud, Commissioner may suspend license even before a hearing is held.
Disciplinary ActionTemporary suspension
If license obtained by fraud, Commissioner may suspend license even before a hearing is held.
Suspension effective only until hearing is held and Commissioner makes final decision.
Disciplinary ActionProsecution and civil liability
Licensee disciplined by Commissioner may also face:criminal prosecution by county prosecutorcivil suit by an injured party
Disciplinary ActionGrounds
Grounds for disciplinary action include—but are not limited to—any of the following violations.
Disciplinary ActionGrounds
Misrepresentation: Knowingly making false statements or failing to disclose material facts to a principal.
Disciplinary ActionGrounds
False advertising or running blind ads.
Blind ad: An advertisement placed by a real estate licensee that does not include a licensee designation and broker’s name.
Disciplinary ActionGrounds
Acting as a dual agent without the consent of both parties.
Disciplinary ActionGrounds
Commingling general funds with trust funds.
Being convicted of a felony or misdemeanor involving moral turpitude.
Disciplinary ActionGrounds
Making a secret profit on a transaction.
Disciplinary ActionGrounds
Performing real estate duties incompetently or negligently.
Disciplinary ActionGrounds
Engaging in discrimination, such as blockbusting or steering.
Disciplinary ActionGrounds
As a broker:failing to exercise adequate supervision
over affiliated licensees, oremploying unlicensed persons.
Disciplinary ActionGrounds
Real Estate Fund
All license fees are placed in the Real Estate Fund.
Real Estate Fund
All license fees are placed in the Real Estate Fund.
Portions of this fund are earmarked for:the Education and Research Accountthe Recovery Account
Real Estate FundRecovery account
Recovery Account is used to reimburse parties injured by a real estate agent’s:fraudmisrepresentationdeceitconversion of trust funds
Recovery AccountRequirements
Injured party must:obtain a civil judgment against the agent,
andshow that the agent has no funds or
assets that can be seized to pay the judgment.
Recovery Account will pay:up to $20,000 for any one transactionup to $100,000 for any one licensee
Recovery AccountLimitations
Recovery Account will pay:up to $20,000 for any one transactionup to $100,000 for any one licensee
Agent’s license suspended until the amount paid out is repaid to the Recovery Account with interest.
Recovery AccountLimitations
SummaryDisciplinary Action
Grounds for disciplinary action
Sanctions Appeal Real Estate Fund Recovery Account
Trust Accounts
Funds that real estate brokers hold in trust for clients:good faith depositstenant security depositscollected rentsadvance fees
Trust Accounts
Funds that real estate brokers hold in trust for clients:good faith depositstenant security depositscollected rentsadvance fees
Advance fees: Fees a seller might pay in advance for expenses associated with a listing.
Trust AccountsSeparate from general account
Broker must maintain one or more trust accounts to keep trust funds separate from broker’s own money.
Trust AccountsSeparate from general account
Broker must maintain one or more trust accounts to keep trust funds separate from broker’s own money.
Trust accounts should be:opened in the broker’s name as licensedspecially designated as trust accounts
Trust AccountsDeadline for deposit
Funds should be deposited in trust account no later than the third business day after they’re received.
Trust AccountsDeadline for deposit
Funds should be deposited in trust account no later than the third business day after they’re received.
Broker may pass a check directly from a principal to a third party or another principal without putting it in trust account first.Check should still be recorded in the
broker’s trust funds records.
Trust AccountsReceipt by salesperson
When trust funds are given to a salesperson, the salesperson should immediately:deliver the funds to her broker, ordeposit the funds into her broker’s trust
account.
Trust AccountsGood faith deposits
Exception to rule: Good faith deposit check can be held uncashed until buyer’s offer is accepted.
Before seller accepts offer:good faith deposit belongs to the buyer
Trust AccountsGood faith deposits
Before seller accepts offer:good faith deposit belongs to the buyermust be returned to buyer if he demands it
Trust AccountsGood faith deposits
After offer accepted:broker may hold check uncashed only
with seller’s written authorization
Trust AccountsGood faith deposits
After offer accepted:broker may hold check uncashed only
with seller’s written authorizationno part of the deposit can be refunded
without seller’s written permission
Trust AccountsGood faith deposits
If transaction falls through and parties dispute who is entitled to the deposit:Broker files interpleader action and turns
funds over to the court.
Trust AccountsGood faith deposits
If transaction falls through and parties dispute who is entitled to the deposit:Broker files interpleader action and turns
funds over to the court.Court decides which party gets the
deposit.
Trust AccountsGood faith deposits
Trust AccountsCommingling
Commingling: Illegally mixing trust funds with personal funds.
Trust AccountsCommingling
Commingling: Illegally mixing trust funds with personal funds.
Conversion: Appropriating client funds for a broker’s own purposes. Conversion is a basis for theft charges.
Funds in trust account should always equal the broker’s trust fund liability.Shortage or overage is a violation of the
Real Estate Law.
Trust AccountsCommingling
Funds in trust account should always equal the broker’s trust fund liability.Shortage or overage is a violation of the
Real Estate Law.
Exception: Broker may keep up to $200 of her own funds in a trust account to pay bank’s service charges.
Trust AccountsCommingling
If broker is owed a commission from trust funds, he may withdraw it directly from the trust account.
Trust AccountsCommingling
If broker is owed a commission from trust funds, he may withdraw it directly from the trust account.
Other expenses cannot be paid directly out of trust account.Example: salesperson’s commission
Trust AccountsCommingling
Trust AccountsInterest-bearing accounts
Trust account can’t be an interest-bearing account, unless the owner of the trust funds requests that.
Trust AccountsInterest-bearing accounts
Trust account can’t be an interest-bearing account, unless the owner of the trust funds requests that.
Interest on trust account can’t accrue to the broker.
Trust AccountsWithdrawals
Trust accounts must be set up with the broker as trustee.
Trust AccountsWithdrawals
Trust accounts must be set up with the broker as trustee.
Broker may authorize withdrawals by:affiliated licenseesunlicensed employees covered by a bond
equaling the amount held in trust
Trust AccountsTrust account records
Broker’s records must include:trust fund receipts and disbursements
Trust AccountsTrust account records
Broker’s records must include:trust fund receipts and disbursementsbalance of each trust account
Trust AccountsTrust account records
Broker’s records must include:trust fund receipts and disbursementsbalance of each trust accountreceipts and disbursements affecting each
client or customer’s account
Trust AccountsTrust account records
Broker’s records must include:trust fund receipts and disbursementsbalance of each trust accountreceipts and disbursements affecting each
client or customer’s accountbalance owed to each client or customer
Trust AccountsTrust account records
Broker’s records must include:trust fund receipts and disbursementsbalance of each trust accountreceipts and disbursements affecting each
client or customer’s accountbalance owed to each client or customer
Receipts and disbursements must be in chronological order.
Trust account records must be kept for at least 3 years after the date of closing.
Trust AccountsTrust account records
Trust account records must be kept for at least 3 years after the date of closing.
Records are subject to inspection by the Commissioner.
Trust AccountsTrust account records
Recordkeeping
Other documents must also be available for 3 years after closing date (or listing date, if sale doesn’t close).
Recordkeeping3-year requirement
Three-year requirement applies to:listing agreementsdeposit receipts
Recordkeeping3-year requirement
Three-year requirement applies to:listing agreementsdeposit receiptsrent collection receiptsbank deposit slips
Recordkeeping3-year requirement
Three-year requirement applies to:listing agreementsdeposit receiptsrent collection receiptsbank deposit slipscanceled checks and supporting papersagency disclosure statements
Recordkeeping3-year requirement
Three-year requirement applies to:listing agreementsdeposit receiptsrent collection receiptsbank deposit slipscanceled checks and supporting papersagency disclosure statementstransfer disclosure statementsproperty management agreements
Recordkeeping4-year requirement
Records that must be kept for 4 years:mortgage loan disclosure statementsreal property security statements
RecordkeepingBroker-salesperson agreement
A broker-salesperson agreement must be:in writingkept on file at broker’s officeretained for reasonable time after
termination of the relationship
RecordkeepingCopies to signators
An agent must provide each client or customer who signs a document with a copy.
RecordkeepingBroker’s review
Broker must review documents prepared or signed by affiliated licensees.
Advertising
False advertising and other violations of advertising laws are:violations of the Real Estate Lawmisdemeanors
AdvertisingBlind ads
Blind ad: An advertisement placed by a real estate agent that does not:include the broker’s name, and/orstate that it was published by a real estate
licensee.
AdvertisingBlind ads
Blind ad: An advertisement placed by a real estate agent that does not:include the broker’s name, and/orstate that it was published by a real estate
licensee.
Blind ads are illegal.
If a licensee is listing her own property for sale, she doesn’t need to include her broker’s name.Ad still must state that she is a real estate
licensee.
AdvertisingBlind ads
AdvertisingLoans and notes
Ads for loan products must be approved by the DRE before publication.
AdvertisingLoans and notes
Ad for a promissory note:can’t promise a yield or return different
from the rate specified on the note,
AdvertisingLoans and notes
Ad for a promissory note:can’t promise a yield or return different
from the rate specified on the note,unless it also reveals the discount at
which the note is being sold.
Ad for a loan may not:use a phrase like “guaranteed” without
describing how the loan is secured
AdvertisingLoans and notes
Ad for a loan may not:use a phrase like “guaranteed” without
describing how the loan is securedimply that the loan:
can be approved over the telephone is endorsed by a government agency
AdvertisingLoans and notes
AdvertisingInducements
If attendance at a sales presentation is required in order to receive a gift or prize, those terms must be disclosed.
AdvertisingInducements
If attendance at a sales presentation is required in order to receive a gift or prize, those terms must be disclosed.
If an inducement is given to one party in a transaction, that’s a material fact that must be disclosed to all parties.
AdvertisingInducements
If attendance at a sales presentation is required in order to receive a gift or prize, those terms must be disclosed.
If an inducement is given to one party in a transaction, that’s a material fact that must be disclosed to all parties.
Inducements are always forbidden in loan transactions.
SummaryTrust Funds and Recordkeeping
Trust account Deadline for deposit Good faith deposit check Commingling Recordkeeping requirements Blind ad
Antitrust Laws
Antitrust laws limit anticompetitive behavior in the marketplace.
Antitrust Laws
Antitrust laws limit anticompetitive behavior in the marketplace.
The primary antitrust law is the federal Sherman Act, passed in 1890.
Antitrust Laws
Antitrust laws limit anticompetitive behavior in the marketplace.
The primary antitrust law is the federal Sherman Act, passed in 1890.
1950 Supreme Court case decided that the Sherman Act applies to real estate activities.
Antitrust LawsPenalties
Penalties for Sherman Act violations:Individual: fine of up to $350,000, and/or
3 years of imprisonment.Corporation: fine of up to ten million
dollars.
Antitrust LawsViolations
Three main categories of antitrust law violations:price fixinggroup boycottstie-in arrangements
Antitrust LawsPrice fixing
Price fixing: The cooperative setting of prices by two or more competitors.
Antitrust LawsPrice fixing
Agents from different brokerages should never discuss commission rates.
Antitrust LawsPrice fixing
Agents from different brokerages should never discuss commission rates.
Broker may discuss commission rates with:affiliated licensees, oranother broker if it’s in connection with a
commission split
A real estate agent should never tell a client that a commission rate is non-negotiable.
Antitrust LawsPrice fixing
A real estate agent should never tell a client that a commission rate is non-negotiable.
Preprinted forms that specify a particular commission rate are prohibited.
Antitrust LawsPrice fixing
Antitrust LawsGroup boycotts
Group boycott: An agreement by two or more competitors to exclude another competitor from the marketplace.
Antitrust LawsTie-in arrangements
Tie-in arrangement: An agreement to sell one product only on the condition that the buyer also purchases a different (or tied) product from the seller.
SummaryAntitrust Laws
Sherman Act Price fixing Group boycotts Tie-in arrangements